CITY PLANNING COMMISSION December 16, 2015, Calendar No. 9 C 160003 HAK IN THE MATTER OF an application submitted by The Department of Housing Preservation and Development (HPD)
1) pursuant to Article 16 of the General Municipal Law of New York State for: a. the designation of properties located at 679, 669 Van Sinderen Ave., and 169-
182 New Lots Avenue (Block 3850, Lot 1 and Block 3865, Lots 24, 25, 26, 27, 128 and 129), as an Urban Development Action Area; and
b. an Urban Development Action Area Project for such area; and
2) pursuant to Section 197-c of the New York City Charter for the disposition of such property, to a developer to be selected by HPD;
to facilitate the construction of two new 7-story mixed-use residential buildings consisting of approximately 130 affordable rental units with ground floor commercial space and accessory below-grade parking pursuant to the Extremely Low and Low Income Affordability Program (“ELLA”), Borough of Brooklyn, Community District 5.
Approval of three separate matters is required:
1. The designation of properties located at 679, 669 Van Sinderen Ave., and 169-182 New
Lots Avenue (Block 3850, Lot 1 and Block 3865, Lots 24, 25, 26, 27, 128 and 129) as an
Urban Development Action Area; and
2. An Urban Development Action Area Project for such area; and
3. The disposition of such property, to a developer selected by HPD
The application for an Urban Development Action Area designation, project approval and
disposition of city-owned property (C 160003 HAK) was filed by the Department of Housing
Preservation and Development (HPD) on July 16, 2015.
Approval of this application, in conjunction with related action, would facilitate the development
of Van Sinderen Plaza, a mixed-use development to include affordable housing, commercial and
community facility space in Community District 5, East New York, Brooklyn.
The Department of Housing Preservation and Development states in its application that:
The Project Area consists of underutilized property that tends to impair or arrest the sound development of the surrounding community, with or without tangible physical blight. Incentives are needed in order to induce the correction of these substandard, insanitary, and blighting conditions. The project activities would protect and promote health and safety and would promote sound growth and development. The project area is therefore eligible to be an Urban Development Action Area Project pursuant to Article 16 of the General Municipal Law.
RELATED ACTION
In addition to the designation of an Urban Development Action Area, project approval, and
disposition of City-owned property which is the subject of this report (C160003 HAK),
implementation of the proposed project also requires action by the City Planning Commission on
the following application, which is being considered concurrently with this application.
C 160002 ZMK Zoning map amendment to change an existing M1-1 district to R7A with
C2-3 overlay.
BACKGROUND
The New York City Department of Housing Preservation and Development is seeking Urban
Development Action Area designation, project approval, and disposition of City-owned
properties on Block 3865 (Lots 24-27, 128 and 129) and Block 3850 (Lot 1). HPD and the co-
applicant, New Van Sinderen Lots LLC, also seek a rezoning for these sites as well as sites on
Block 3850 (Lots 5 and 10), which are owned by the co-applicant and are part of the proposed
development sites.
The majority of the surrounding area is located within an R6 zoning district, with a C2-3
commercial overlay along New Lots Avenue. The surrounding area is predominantly residential
and consists primarily of privately-owned, attached 2-story, 1- to 2-family homes, many of
which were developed through HPD’s Nehemiah Homeownership Program. Multi-family walk-
up buildings are located south of the development sites along Van Sinderen, Snediker and
Williams Avenues and Hinsdale Street between Linden Boulevard and Dewitt Avenue.
Some commercial uses can be found several blocks east of the Project Area along New Lots
Avenue. One block southeast of the development sites on Linden Boulevard is a newly
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constructed hotel.
An M1-1 district is located to the north and south of the development sites adjacent to the
elevated train. Manufacturing uses in the surrounding area include several 1-story manufacturing
buildings which are located along Van Sinderen Avenue between Riverdale Avenue and Linden
Boulevard. Adjacent to the development sites on Van Sinderen Avenue between Newport Street
and Linden Boulevard are 1-story manufacturing buildings which consist of a bottle recycling
business and an auto body repair business.
The development sites are accessible by public transportation. The New Lots Avenue station for
the elevated “L” subway line is located immediately west across Van Sinderen Avenue from the
project sites. The Junius Street “3” train station is located three blocks north of the project sites.
The B15 bus route runs east and west along New Lots Avenue.
The proposed development sites are comprised of Block 3850, Lots 1, 5 and 10 (“Site 1”) and
Block 3865, Lots 24-27, 128 and 129 (“Site 2”), which are located on the northeast and southeast
corners of Van Sinderen and New Lots Avenues, respectively. The sites have a total combined
lot area of approximately 37,549 square feet. The lot area for Site 1 is approximately 28,243
square feet and the lot area for Site 2 is approximately 9,306 square feet.
Block 3850, Lot 1, which is City-owned, is designated as Site 135 of the East New York I Urban
Renewal Plan. Block 3865, Lots 24-27, 128 and 129, also City-owned, are designated as Site
142 of the East New York I Urban Renewal Plan. Block 3850, Lots 5 and 10 are privately-owned
and are not designated urban renewal sites. The private lots are subject only to the proposed
zoning map amendment. The proposed development complies with the land use designations of
the East New York I Urban Renewal Plan.
The development sites are located within an M1-1 zoning district. M1-1 is a low-density
manufacturing district which permits a built FAR of up to 1.0 and requires parking, with the
number of spaces varying depending on use. Light manufacturing uses are permitted (Use Group
17), as are heavier, potentially noxious uses (Use Group 18) if they meet performance standards.
Offices, hotels, and most retail uses are also permitted. Certain community facilities such as
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houses of worship are allowed as-of-right and others such as hospitals, are allowed by special
permit. Residential uses are not permitted. Both proposed development sites are currently vacant.
The proposed development, known as Van Sinderen Plaza, would be developed under HPD’s
Extremely Low and Low Income Affordability Program (“ELLA”). The units in both buildings
would be affordable to households earning up to 60% of the Area Median Income. The Proposed
Development would consist of the new construction of two 7-story mixed-use elevator buildings
with cellars. The buildings would have a total of approximately 130 residential rental units and
ground floor commercial space.
The proposed building on Site 1 (Block 3850, Lots 1, 5, 10) on the north side of New Lots
Avenue would be developed on the combined City and private property assemblage and would
consist of approximately 102 residential rental units, with a mixture of 1-, 2-, and 3-bedroom
units. The building would have a total residential floor area of approximately 94,439 square feet
and would range in height from 17’-7” to 74’-11”. The ground floor of the building would
consist of approximately 17,341 zoning square feet of commercial space, comprised of 15,977
square feet of retail space and 1,364 square feet of loading dock. The entrance to the residential
space would be located on Van Sinderen Avenue and entrances to the commercial space would
be located on Van Sinderen Avenue and New Lots Avenue.
Amenities in this building would include a recreational room for residents on the first floor and a
laundry room on the seventh floor near the outdoor recreational space. Approximately 53 bicycle
parking spaces, including 2 spaces for the commercial tenant, would be located in the cellar. In
addition, there would be approximately 2,060 square feet of outdoor recreational space located
on the seventh floor roof of the building, which would include plantings and a sitting area. There
would also be approximately 21 spaces of underground parking for residents. The entrance to
the underground parking would be accessible from Van Sinderen Avenue.
This building on Site 2 (Block 3865, Lots 24, 25, 26, 27, 128, and 129) would contain
approximately 28 residential rental units, including a one-bedroom superintendent’s unit. There
would be a mixture of 1-, 2-, and 3-bedroom units, with a total residential floor area of
approximately 32,894 square feet. The building would range in height from 45’-7” to 74’-11”.
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The ground floor of the building would consist of approximately 3,931 zoning square feet of
commercial space. The entrance to the residential space would be on New Lots Avenue and the
entrances to the commercial space would be located on New Lots Avenue and Van Sinderen
Avenue.
Amenities in this building would include a recreational room for residents on the fifth floor of
the building and a laundry room on the fifth floor near the outdoor recreational space. There
would be approximately 14 bicycle parking spaces for residents located in the cellar, and 1
bicycle parking space for the commercial tenant would be located in the commercial space. In
addition, there would be approximately 960 square feet of outdoor recreational space on the fifth
floor roof of the building, which would include plantings and a sitting area. There would also be
approximately 890 square feet of outdoor space located at the rear of the building that would be
accessible to the first floor apartment and the commercial space.
Under the Quality Housing Program standards, seventeen street trees are required to be planted
on Site 1 and eight street trees are required to be planted on Site 2. Due to the guidelines imposed
by the New York City Department of Parks and Recreation and the New York City Department
of Transportation regarding clearances from hydrants, utility poles and other street elements,
only ten trees are able to be planted on Site 1 and only five trees would be able to be planted on
Site 2. On Site 1, the developer would plant eight trees on Van Sinderen Avenue and two trees
on New Lots Avenue. On Site 2, three trees would be planted on Van Sinderen Avenue and two
trees would be planted on New Lots Avenue. In lieu of planting the remaining ten trees which
are required under zoning, the developer would pay for the remaining trees through the DPR’s
Park Tree Fund.
The New York City Department of Housing Preservation and Development is seeking Urban
Development Action Area designation, project approval, and disposition of City-owned properties
on Block 3865 (Lots 24-27, 128 and 129) and Block 3850 (Lot 1) in order to facilitate this project.
HPD and the co-applicant also seek approval of a zoning map amendment to change an existing
M1-1 zoning district to R7A/C2-4 zoning. The proposed rezoning would permit the proposed
residential and commercial uses on the two development sites.
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The rezoning area contains one City-owned vacant lot (Lot 1) and two privately-owned vacant
lots (Lots 5 and 10) on Block 3850 and six City-owned vacant lots on Block 3865 (Lots 24, 25,
26, 27, 128, and 129). The privately-owned lots are owned by the co-applicant. In addition, the
proposed zoning district line on Block 3850 would run along the center of the block, extending
five feet into neighboring occupied zoning lots (Lots 35, 36, 37, 38, 39, 40, 42, 43, 147, 146, 145
and 144), which are currently zoned R6 (with a C2-3 overlay on Lot 144) on the east side of the
proposed Development Site and one foot into the neighboring occupied zoning lot (Lot 16),
which is currently zoned M1-1, on the north side of the proposed development site. Similarly, on
Block 3865, the proposed zoning district line at the center of the block would extend five feet
into neighboring occupied zoning lots (Lots 130, 131, 132, 133, 134 and 35), which are currently
zoned R6 (with a C2-3 overlay on Lot 130) on the east side of the proposed Development Site.
As the area of these properties to be rezoned is 5’ or less, this change in zoning would have no
implications for the owners of adjacent properties.
The proposed R7A/C2-4 district would facilitate medium density residential zoning that would
allow an FAR of up to 4.0 and a variety of retail uses, to benefit an active street that is adjacent
to public transportation. The increase in density proposed for these sites will facilitate the
development of much-needed affordable housing.
ENVIRONMENTAL REVIEW
The application (C 160003 HAK), in conjunction with the application for the related action (C
160002 ZMK), was reviewed pursuant to the New York State Environmental Quality Review Act
(SEQRA) and the SEQRA regulations set forth in Volume 6 of the New York Code of Rules and
Regulations, Section 617.00 et seq. and the City Environmental Quality Review (CEQR) Rules of
Procedure of 1991 and Executive Order No. 91 of 1977. The designated CEQR number is
15HPD054K. The lead agency is the Department of Housing Preservation and Development.
After a study of the potential impact of the proposed actions, a Negative Declaration was issued
on July 8, 2015.
UNIFORM LAND USE REVIEW
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This application (C 160003 HAK), in conjunction with the related action (C 160002 ZMK), was
certified as complete by the Department of City Planning on August 3, 2015, and was duly referred
to Brooklyn Community Board 5 and the Brooklyn Borough President in accordance with Title 62
of the Rules of the City of New York, Section 2-02(b).
Community Board Public Hearing
Community Board 5 held a public hearing on this application (C 160003 HUK) and the related
action (C 160002 ZMK), on September 23, 2015. On October 8, 2015, by a vote of 24 to 1, with
one abstention, the Community Board adopted a resolution recommending approval of the
application.
Borough President Recommendation
This application (C 160003 HAK) was considered by the Borough President of Brooklyn, who on
November 5, 2015 issued a recommendation to approve the application, with the following
conditions:
1. That all housing units remain permanently affordable;
2. That local preference be extended to include residents of both Community Districts 5 and
16;
3. That the developer commit to an explicit extent and duration of effort, based on reasonable
lease terms, towards securing a FRESH supermarket;
4. That a portion of the proposed retail space, that would not otherwise be used for a FRESH
food store, would be marketed to art groups, and/or locally based community organizations
in consultation with CB 5 and local elected officials;
5. That, subject to the findings of a structural assessment of the roof, to determine the
feasibility of pursuing additional sustainable and resilient rooftop features, the developer
and HPD engage with the Mayor’s Office of Sustainability, NYSERDA and/or NYPA, to
offset costs associated with solar installation;
6. That, subject to approval by the Departments of Transportation and Environmental
Protection, the plaza areas would incorporate permeable pavers, and bio-swales would be
incorporated along Van Sinderen Avenue;
7. That, subject to approval by the Departments of Transportation and Parks and Recreation,
existing mature trees along Van Sinderen Avenue be retained, street trees might be
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clustered and trees might be planted in both the plaza within the street right-of-way and
plaza that extends into the site;
8. That planting of any additional zoning required street trees be planted in locations
developed in consultation with Community Board 6 and local elected officials, and meet
the criteria of the Department of Parks and Recreation;
9. That provisions require the project developer to retain Brooklyn-based contractors and
subcontractors, especially those that are designated LBEs consistent with section 6-108.1
of the City’s Administrative Code, and MWBE and LBE establishments, as a means to
meet or exceed standards per Local Law 1 (not less than 20 percent participation), as well
as to coordinate the monitoring of such participation with an appropriate monitoring
agency;
10. The Metropolitan Transit Authority/New York City Transit along with the Department of
Transportation, in consultation with Community Boards 5 and 16 and local elected
officials, should facilitate lighting improvements under the elevated New Lots Avenue
train trestle, by introducing a lighting installation that includes participation by such local
arts groups as Arts East New York.
CITY PLANNING COMMISSION PUBLIC HEARING
On November 2, 2015 (Calendar No. 2), the City Planning Commission scheduled November 18,
2015 for a public hearing on this application (C 160003 HAK). The hearing was duly held on
November 18, 2015 (Calendar No. 12), in conjunction with the application for the related action
(C 160002 ZMK).
Five speakers spoke in favor of the project. A representative from HPD stated that the proposed
development would include 130 affordable units, all affordable to households between 30-60% of
Area Median Income. Most units would be 2-3 bedrooms to serve the needs of families.
Two representatives from the development team spoke and indicated that they are seeking a
supermarket to occupy a portion of the ground floor space. The proposed ground floor retail space
responds to a request from the community in early discussions about the project that this
development adjacent to transit include street level activity.
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The project architect explained that the proposed buildings respond to the surrounding
neighborhood context by stepping down on the northern portion of Site 1. The buildings are set
back on Van Sinderen to create wider sidewalks. A mix of color patterns in warm tones and variety
in window patterns breaks up the building façade. The building wall materials, windows, and air
conditioning units would be designed to reduce the impact of noise and vibrations from the
adjacent elevated train. Exterior lighting on the buildings as well as extensive transparency at the
ground floor, would improve lighting at the street level.
A representative of the Local Development Corporation of East New York, a community partner
on this project stated that he would be assisting small local retailers who wished to locate their
business in the ground floor of the proposed development.
There were no other speakers and the hearing was closed.
CONSIDERATION
The City Planning Commission believes that the application (C 160003 HAK) for UDAAP
designation, project approval, and the disposition of city-owned property, in conjunction with the
application for the related action (C 160002 ZMK), is appropriate.
The proposed actions would facilitate two new seven-story mixed-use buildings with 130 units of
affordable housing as well as ground floor commercial space in the East New York neighborhood
of Community District 5, Brooklyn.
The Commission believes that this zoning map amendment to change from an M1-1 to an R7A/C2-
4 district along two blockfronts along New Lots Avenue to facilitate the proposed construction of
130 units of affordable housing, is appropriate. The R7A zoning district would mandate Quality
Housing regulations and impose a maximum building height of 80 feet where there currently is no
height limit. The Commission believes that the C2-4 overlay would permit retail and community
facility uses.
The Commission believes that the proposed Urban Development Action Area designation and
project approval, and disposition of city-owned property are appropriate. The two project sites are
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City-owned and have been vacant for many years. The Commission believes that the requested
UDAAP and disposition action would enable the project to achieve the redevelopment of an area
that contains vacant City-owned property, provide new high quality housing, and allow community
facilities and retail uses. The proposed development complies with the land use designations of
the East New York I Urban Renewal Plan.
The location for the proposed development is across from a transit station, making this an
appropriate location for affordable housing.
The Commission notes the Borough President’s recommendation that all units remain permanently
affordable. The applicants have stated that while their intent is to keep units permanently
affordable, their current financing guarantees 60 years of affordability. The Commission also notes
the Borough President’s recommendation that a local preference for units be offered to residents
of both Community Districts 5 and 16. The applicants have stated that they would conduct
extensive marketing to residents in both districts.
The Commission acknowledges the Borough President’s recommendation that at FRESH grocery
store be located in the ground floor of the new development. The applicants have indicated that
they intend to pursue a grocery store tenant for this space, however FRESH certification is not
requested as the additional floor area allowed such developments is not needed in the proposed
project. The Borough President also recommends that ground floor space be allocated to
community organizations. The applicants have stated that they will work with the LDC of East
New York to promote the ground floor space to local entrepreneurs and community organizations.
The Commission notes the Borough President’s recommendation that the developer study the
feasibility of solar panel installation on the roof of the proposed development and potential
financing for solar panels. The applicants state that they will conduct such a study. The Borough
President recommends that permeable pavers and bioswales be incorporated into the design of the
plaza on New Lots as well as along Van Sinderen Avenue. The applicants support this concept and
will pursue such a design with the NYC Department of Transportation.
The Commission notes the Borough President’s recommendations that existing mature trees on
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the site be retained and that any trees planted off-site be planted in locations identified in
consultation with Community Board 5 and elected officials. The applicants state that they will
make every effort to retain existing trees, and will make the appropriate payments to the
Department of Parks and Recreation fund in lieu of any trees required by zoning which cannot be
planted on site.
The Commission acknowledges the Borough President’s recommendation that the developer retain
locally-based contractors and subcontractors. The applicants have stated that they will reach out
to Minority and Women Owned Business Enterprises in the East New York and Brownsville area
to contract on the project.
The Commission acknowledges the Borough President’s recommendation that New York City
Transit and the Department of Transportation facilitate lighting improvements under the elevated
train trestle adjacent to the project site. HPD has stated in a letter dated November 24, 2015 that
they would reach out to these agencies to request better lighting surrounding the project site.
Additionally they believe that the proposed ground-floor retail would improve the pedestrian
experience in the area and act as a catalyst for future public upgrades of the surrounding
streetscape.
RESOLUTION
RESOLVED, that the City Planning Commission finds that the action described herein will have
no significant adverse impact on the environment, and
WHEREAS, the Department of Housing Preservation and Development has recommended the
designation of properties located at 679, 669 Van Sinderen Ave., and 169-182 New Lots Avenue
(Block 3850, Lot 1 and Block 3865, Lots 24, 25, 26, 27, 128 and 129) in the Borough of Brooklyn
as an Urban Development Action Area; and
WHEREAS, the Department of Housing Preservation and Development has also recommended
the approval of an Urban Development Action Area Project for such properties;
THEREFORE, BE IT FURTHER RESOLVED, that the City Planning Commission after due
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consideration of the appropriateness of the actions, certifies its unqualified approval of the
following matters pursuant to the Urban Development Action Area Act:
a) the designation of properties located at 679, 669 Van Sinderen Ave., and 169-182 New
Lots Avenue (Block 3850, Lot 1 and Block 3865, Lots 24, 25, 26, 27, 128 and 129) as an
Urban Development Action Area; and
b) an Urban Development Action Area Project for such area; and
BE IT FURTHER RESOLVED, by the City Planning Commission pursuant to Section 197-c of
the New York City Charter, that based on the environmental determination and the consideration
of this report, the application of the Department of Housing Preservation and Development for the
disposition of city-owned properties located at 679, 669 Van Sinderen Ave., and 169-182 New
Lots Avenue (Block 3850, Lot 1 and Block 3865, Lots 24, 25, 26, 27, 128 and 129) in Community
District 5, Borough of Brooklyn, to a developer to be selected by the Department of Housing
Preservation and Development, is approved.
The above resolution (C 160003 HAK), duly adopted by the City Planning Commission on
December 16, 2015 (Calendar No. 9), is filed with the Office of the Speaker, City Council and the
Borough President, in accordance with the requirements of Section 197-d of the New York City
Charter.
CARL WEISBROD, Chairman KENNETH J. KNUCKLES, Esq., Vice Chairman RAYANN BESSER, IRWIN G. CANTOR, P.E., ALFRED C. CERULLO, III, MICHELLE DE LA UZ, RICHARD W. EADDY, CHERYL COHEN EFFRON, JOSEPH I. DOUEK, ANNA HAYES LEVIN, ORLANDO MARIN, LARISA ORTIZ, Commissioners
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